Play Ball—Get Permit Later

Mets, Yankees Swing Away in New Stadiums Without Certificates of Occupancy

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Yankee Stadium, shown above during opening day March 31, hasn't received final approval from the Public Design Commission.
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By

Michael Howard Saul

Updated April 27, 2011 12:01 a.m. ET

The cash-strapped New York Mets have failed to occupy more than 20,000 square feet of retail space as the team begins its third season in its $800 million Citi Field stadium, the primary reason the Queens stadium has failed to receive a final sign-off from the city.

A city official confirmed late Tuesday that the Mets have yet to receive a final certificate of occupancy for the stadium because a significant portion of the facility is empty. "We don't give the final certificate to vacant areas," the official said. "It has to be occupied."

The Mets' cross-town rivals, the New York Yankees, also have failed to receive a final certificate of occupancy for the team's new $1.5 billion stadium in the Bronx, but for entirely different reasons.

In the Yankees' case, officials at City Hall confirmed the team neither sought nor received final approval from the Public Design Commission, a little-known city agency that was established in 1898 and is charged with ensuring that the design of all art, exterior architecture, street furniture and landscaping meet public standards.

But some city officials acknowledge the Bloomberg Administration hasn't been pressing the Yankees to comply with the commission.

An official with the Mets said the team is actively trying to fill the vacant space, which it estimated at closer to 15,000 square feet of the 1.2 million-square-foot facility. A spokeswoman for the Yankees denied that the team flouted city rules and promised to seek final approval "shortly."

Both teams have been getting temporary certificates of occupancy from the Department of Buildings, which means officials believe both facilities are safe to occupy.

In a statement, the Mets said it is "common practice" for buildings to operate with a temporary certificate until "occupancy has been established in the entire property."

"We currently use a small portion of our ground floor space for various temporary purposes, including events," the team's statement said.

A team official acknowledged that executives have been actively trying to fill the space but have been hampered by the fact that the property faces "the auto repair and junk yards across the street." The Bloomberg administration has been trying to clean up the heavily industrial Willets Point section of Queens, but the city's efforts have been long delayed.

According to the Buildings Department, there are 23 issues that are preventing Yankees Stadium from receiving its final certificate of occupancy. They include minor electrical and plumbing issues and some problems with signs, as well as the team's failure to get approval from the Design Commission.

Alice McGillion, a spokeswoman for the team, said, "There were minor signage issues that we are planning to clear up." Ms. McGillion said "we expect" the panel's "final approval will be forthcoming when that is done."

On Tuesday, an aide to City Comptroller John Liu confirmed that Mr. Liu's office has launched a formal audit of the Design Commission. The official declined to specify the scope of the audit or say when it's expected to be complete.

The design commission reviews hundreds of projects each year—many of which are valued at millions of dollars, such as new parks and esplanades along the East River.

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Citi Field during the Mets' home opener April 8.
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In 2006, the Yankees successfully received preliminary approval from the commission. At that meeting, according to an audio tape of the proceedings, Joyce Menschel, the panel's president at the time, told the Yankees, "You have to come back for final" approval. The team never did, and the stadium officially opened in 2009.

To prevent projects from bypassing the commission, the panel in 2007 worked closely with the city Department of Buildings to incorporate commission approval on the department's list of required items for city-owned property.

Now, the Buildings Department "will not authorize a construction permit unless a project on or over city-owned property has a certificate of final approval from the Design Commission," said Andrew Brent, a spokesman for Mayor Michael Bloomberg.

One member of the Design Commission said there's been a problem with people "getting around" the commission. "Some people do it intentionally, I think, and some people do it unintentionally," the member said.

The commission member said the Bloomberg administration should take action to force the Yankees to return to the commission.

"City Hall should do something about it because City Hall brought it to us in the first place," the member said. "They said it was a very high priority of the administration and that we're to act expeditiously in our review, which we did."

The commission's president, James Stuckey, and its executive director, Jackie Snyder, declined requests for interviews.

Commission Member Otis Pratt Pearsall walked away when asked about the situation with the Yankees. "That's a problem for the Yankees," he said.

When told the team doesn't have a final certificate of occupancy, Mr. Pearsall, said, "They should probably talk to the Buildings Department."

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